beta
Text
Of the convictions of the lower judgment, the part against the Defendants shall be reversed.
Defendant
A shall be punished by a fine of 1.5 million won, Defendant.
Reasons
1. The court below within the scope of the judgment of this court is not guilty on the facts charged of the joint injury of this case against the defendant A and C victimO, and the defendant C acquitted on the grounds of the judgment, and found the defendant Eul not guilty on the facts charged of the joint injury of this case against the defendant Eul, and found the defendant Eul not guilty on the facts charged of the joint injury of this case against the defendant Eul. The defendant appealed only on the guilty part of the judgment of the court below, the prosecutor appealed only against the defendant A and C among the judgment of the court below, and did not appeal against the non-guilty part against the defendant Eul. As the defendant Eul did not appeal against the non-guilty part of the judgment of the court below, the part of the non-guilty part against the defendant Eul is also judged to this court in accordance with the indivisible principle of appeal, but it is not subject to the examination and judgment of this court, and therefore, the
2. Summary of grounds for appeal;
A. Defendants 1) The defense counsel of the Defendants’ misunderstanding of facts did not state detailed reasons in the appellate brief, and instead cited the contents of the defense counsel’s written opinion and the summary of oral argument submitted to the court below, thereby making a mistake of facts and an unfair assertion of sentencing. Thus, the Defendants’ assertion of misunderstanding of facts was arranged as follows
① Of the facts charged in the judgment of the court below, Defendant B did not have any powdered with O, etc. as stated in Section 1 of the "2014 Highest 946" column 1, and Defendant B did not have any injury on the victim E in order for the victim E to take breath and do not go beyond the wind of Defendant B, and she did not have any breath in the victim E’s breath, she did so. The court below convicted Defendant B of this part of the facts charged by misconception of the facts.
② Defendant C shall be the victim as described in Article 1-3(c) of the 2014 Highest 946, among the facts constituting an offense in the lower judgment.